§ 27-264. Enforcement procedures.

(a)

Erection of building or structure.

(1)

When it determines that a violation of this Subtitle has occurred with respect to the erection of a building or other structure, the Department shall order the work to stop and shall post the building or structure with a "Stop Work" order form. The owner or builder shall also be given formal written notice of the "Stop Work" order. No work shall proceed after posting, except to correct the violation and continue in full compliance with the provisions of this Subtitle. If the work does not stop, or corrective action has not been completed within five (5) business days of posting (or another greater grace period determined by the Department), the Department shall take appropriate action against the violator.

(b)

Use.

(1)

Notwithstanding the provisions of Section 27-264.01 and Section 27-264.02 of the Zoning Ordinance, when it determines that a violation of this Subtitle has occurred with respect to the use of any building, structure, or land, or there is a failure to obtain a use and occupancy permit, with the exception of violations of Section 27-261(b), (c), (d), (h), and (j), the Department shall serve notice (on the form provided) upon the owner, general agent, or lessee of the building, structure, or land, directing that the violation cease. If, at the expiration of five (5) business days of the notice (or another greater period determined by the Department), the violation has not ceased, the Department shall take appropriate action against the violator. If it is not possible to serve the notice, the building, structure, or land shall be posted with the notice.

(2)

When it determines that a violation of Section 27-261(b), (c), (d), (h), or (j) has occurred with respect to the use of any building, structure, or land, the Department shall serve notice (on the form provided) upon the owner, general agent, or lessee of the building, structure, or land, and upon the person, firm, or corporation conducting the activities, directing that the violation cease. If, at the expiration of forty-eight (48) hours of the notice, the violation has not ceased or a temporary use and occupancy permit has not been issued, the Department of Permitting, Inspections, and Enforcement shall notify the Police Department to take appropriate action against the violator, as set forth below.

(A)

A police officer shall direct the violator to remove all goods and equipment from the property. If the violator fails to obey said direction and continues in violation of this Subtitle, the equipment and goods shall be removed by the Department of Permitting, Inspections, and Enforcement and taken to a designated County facility.

(B)

Goods and equipment removed pursuant to this provision may be claimed by their owner on the next business day or within fifteen (15) days thereafter upon payment of any fine which has not been appealed. Any goods or equipment not claimed by the owner within fifteen (15) days shall be deemed abandoned and shall become the property of the County.

(C)

The Department of Permitting, Inspections, and Enforcement shall have no responsibility to preserve or protect any equipment or goods removed under this Section.

(D)

A violation notice issued for the conducting of activities without a temporary use and occupancy permit shall serve as notice of a continuing violation by those persons at the subject site or any other site within the County, and no further notice of violation need be issued prior to utilizing the procedures in subparagraphs (A) and (B), above.

(3)

When it determines that a violation of Part 16 has occurred with respect to the use of any building, structure, or land for an Adult Book Store, the Department shall serve notice (on the form provided) upon the owner, general agent, or lessee of the building, structure, or land, and upon the person, firm, or corporation conducting the activities, directing that the violation cease. If, at the expiration of forty-eight (48) hours of the notice, the violation has not ceased, the Department shall notify the Police Department to take appropriate action against the violator as set forth below.

(A)

A police officer may direct the violator to discontinue operation as an Adult Book Store.

(B)

If the violation continues, the violator shall be deemed to be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of Five Hundred Dollars ($500.00), or imprisonment in jail for a period of not more than six (6) months, or both such fine and imprisonment.

(c)

Repeated violation.

(1)

A grace period for correction of a civil violation need not be given in the case of a subsequent, repeated violation of the same provision of this Subtitle by the same violator. A "repeated violation," for the purposes of this Subsection, may take place at a location which is identical to or different from the first violation within a thirty-six (36) month period from the first violation. If it determines that a repeated violation has occurred, the Department may immediately take appropriate action against the violator.

(2)

Notwithstanding the provisions of Subtitle 28, Section 28-111 of the County Code, repeated violations for operating outside the scope of a valid use and occupancy permit shall be subject to a fine of One Thousand Dollars ($1,000.00) for each "repeated violation".

(CB-18-1991; CB-88-1997; CB-31-2006; CB-46-2010; CB-63-2011; CB-29-2014)